Prawo Zamówień Publicznych

no. 2/2017

The electronic form in public procurement in the new regulation

Małgorzata Moras
jest doktorem, adiunktem w Katedrze Prawa Administracyjnego i Zamówień Publicznych UEK
Abstract

At present, the process of digitizing the public procurement procedure is part of a broader process of computerisation of public administration. It is primarily aimed at departing from the principle of the written form in favor of the electronic form of all actions undertaken in the course of procurement proceedings. Electronic public procurement includes a phase of actions undertaken in the course of the contract award proceedings, i.e. the pre-award phase. Public contracts as well as actions undertaken at the stage of their implementation, in particular the settlement, are not covered by this obligation. The article discusses various actions undertaken during the contract award proceedings on the example of an open tender, beginning with invitation to selection of the most advantageous bid. In addition, an analysis of, in particular, the provisions of the Civil Code concerning the form of a legal transaction, as well as the provisions contained in the eIDAS Regulation (EU) and the Trust Services and Electronic Identification Act has been provided.